Q and A on Search Warrants and use of body-worn cameras in the execution of search warrants



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What is a search warrant?
What is the purpose for issuing a search warrant?
Why would a judge (court) issue a search warrant?
Against whom should the application for search warrant be filed?
If the implementation of the search warrant turns out successful, what happens next?
What shall the police officers do with the property seized?
If the implementation of the SW is not successful, what happens next?
What are the duties of the judge who issued the search warrant?
How many days is a search warrant valid?
At what time must the search be made?
Can the police officer break open any door or window or any part of a house to effect the search?
Should there be witnesses (other than the police officers implementing the SW) during the search?
Where shall an application for SW be filed and in what court?
What are the requisites for the issuance of a valid SW?
What is the rule on the mandatory use of body-worn cameras with respect to search warrants?
What shall the law enforcers do during the implementation of the search warrant with respect to the use of body-worn cameras?
What shall the law enforcement officers do next after the implementation of the search warrant with respect to the use of body-worn cameras?
What shall be contained in the affidavits?
What happens if death results from the execution of the search warrant?
What about the judge who issued the search warrant, what shall he do after such report (return) is filed?
What is the effect of the failure to observe the requirements for body-worn cameras on the search conducted?
What happens if a law enforcement officer fails, without reasonable grounds to adhere to the requirements during the execution of the SW; or intentionally interferes with the body-worn cameras’ ability to accurately capture audio and video recordings of the search; or otherwise manipulates such recording during or after the search; or to timely file the affidavit as required?
What is the remedy in case the search was conducted in violation of the rule on the use of body-worn cameras in the execution of search warrants?
Is the consent of the person arrested or affected by the search required before the recordings can be used in a court proceeding?
Can the recordings be used in lieu of the testimonies of the persons subject of the recordings or that of the law enforcement officers?
Are there instances where the cameras can be turned off during the arrest or search?
What about the use of cameras by persons (other than the law enforcement officers) who happen to witness the arrest or search--
(a) Are they subject to these rules?
(b) Are such recordings admissible in evidence?
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